Section § 8680

Explanation

This law states that the California Legislature believes it is important for fishermen using gill nets or trammel nets to have experience with these tools. This is considered beneficial for the people of California, the fishing industry, and the state's marine resources. The section references provisions that have been in effect since January 1, 1990, as per the state constitution.

(a)CA Fish And Game Code § 8680(a) The Legislature finds and declares that it is in the best interest of the people of the state, the commercial fishing industry, and California’s marine resources that fishermen who use gill nets or trammel nets be experienced in the use of those nets.
(b)CA Fish And Game Code § 8680(b) In accordance with Section 4 of Article X B of the California Constitution, this section contains the provisions in effect on January 1, 1990.

Section § 8681

Explanation

This law specifies that gill nets and trammel nets can only be used for commercial fishing if the person has a special permit from the department. These permits are revocable and cannot be transferred to another person. Anyone with such a permit must keep detailed records of their fishing activities in a logbook provided by the department. The commission has the authority to suspend, revoke, or cancel these permits, licenses, and fishing privileges, but any revocation can only last up to one year. Also, these rules have been in place since January 1, 1989.

(a)CA Fish And Game Code § 8681(a) Gill nets or trammel nets shall not be used for commercial purposes except under a revocable, nontransferable permit issued by the department. Each permittee shall keep an accurate record of his or her fishing operations in a logbook furnished by the department. The commission may suspend, revoke, or cancel a permit, license, and commercial fishing privileges pursuant to Section 7857. A permit may be revoked and canceled for a period not to exceed one year from the date of revocation.
(b)CA Fish And Game Code § 8681(b)  In accordance with Section 4 of Article X B of the California Constitution, this section contains the provisions in effect on January 1, 1989.

Section § 8681.5

Explanation

This law outlines the rules for gill net or trammel net permits. The Department of Fish and Wildlife cannot issue new permits but can renew existing ones. Permits can be transferred if the holder has proof of commercial fishing for at least 15 of the past 20 years. A fee is required for the permit transfer, which cannot exceed the cost of the original fee. If a permit holder dies, their estate can transfer the permit to a qualified fisherman within one year, or the permit reverts to the department. Disabled permit holders who can't fish commercially anymore can also transfer their permits. This law aims to be stricter on gill and trammel net usage than previous regulations.

(a)CA Fish And Game Code § 8681.5(a) The department shall issue no new gill net or trammel net permits under Section 8681. However, the department may renew an existing, valid permit issued under Section 8681, under regulations adopted pursuant to Section 8682 and upon payment of the fee prescribed under Section 8683.
(b)CA Fish And Game Code § 8681.5(b) Notwithstanding subdivision (a) or Section 8681, any person who has an existing, valid permit issued pursuant to Section 8681, and presents to the department satisfactory evidence that he or she has taken and landed fish for commercial purposes in at least 15 of the preceding 20 years, may transfer that permit to any person otherwise qualified under the regulations adopted pursuant to Section 8682 upon payment of the fee prescribed under Section 8683.
(c)CA Fish And Game Code § 8681.5(c) The fee collected by the department for the transfer of a gill and trammel net permit issued pursuant to Section 8682 shall not exceed the cost of the permit fee as prescribed under Section 8683.
(d)CA Fish And Game Code § 8681.5(d) For purposes of subdivision (b), the death of the holder of the permit is a disability which authorizes transfer of the permit by that person’s estate to a qualified fisherman pursuant to Section 8682. For purposes of a transfer under this subdivision, the estate shall renew the permit, as specified in Section 8681, if the permittee did not renew the permit before his or her death. The application for transfer by that person’s estate shall be received by the department, including the name, address, and telephone number of the qualified fisherman to whom the permit will be transferred, within one year of the date of death of the permitholder. If no transfer is initiated within one year of the date of death of the permitholder, the permit shall revert to the department for disposition pursuant to Section 8681.
(e)CA Fish And Game Code § 8681.5(e) Any active participant who becomes disabled in such a manner that he or she can no longer earn a livelihood from commercial fishing may transfer his or her permit as provided under this section.
(f)CA Fish And Game Code § 8681.5(f) The Legislature finds and declares that this section, as amended by Chapter 94 of the Statutes of 1992, is more restrictive on the use and possession of gill nets and trammel nets than the version of this section in effect on January 1, 1989, and therefore complies with Section 8610.4, and Section 4 of Article X B of the California Constitution.

Section § 8681.7

Explanation

This law allows people who had a valid fishing permit but were denied renewal because of illness or losing their vessel to appeal the decision. They must appeal to the commission within 60 days of the renewal denial. If their appeal is successful, they can get a permit again by paying the necessary fees. This section has been in effect since January 1, 1989.

(a)CA Fish And Game Code § 8681.7(a) Notwithstanding Section 8681.5, any person who possessed a valid permit issued pursuant to Section 8681 and who was denied renewal of that permit, may appeal to the commission where evidence can be presented that illness or the loss of a vessel resulted in the person not meeting the qualifications for renewal or reissuance of that permit.
(b)CA Fish And Game Code § 8681.7(b) The appeal shall be filed with the commission within 60 days of a denial of the renewal of a permit.
(c)CA Fish And Game Code § 8681.7(c) If the commission determines that a permit is to be issued to a prior permittee under this section, a permit shall be made available to that person upon payment of required fees.
(d)CA Fish And Game Code § 8681.7(d) In accordance with Section 4 of Article X B of the California Constitution, this section contains the provisions in effect on January 1, 1989.

Section § 8682

Explanation

This law outlines how the gill net and trammel net fishery should be managed. The commission is responsible for setting up regulations for fishing permits to ensure an organized fishery. To obtain a permit, individuals must have prior experience or pass a test. There's an advisory committee of experienced fishermen that helps draft these rules.

The provisions specified here reflect the laws as they were on January 1, 1989, as per the California Constitution.

(a)CA Fish And Game Code § 8682(a) The commission shall establish regulations for the issuance of gill net and trammel net permits as necessary to establish an orderly gill net and trammel net fishery. In promulgating regulations, the commission shall consider recommendations of the gill net and trammel net advisory committee created pursuant to subdivision (b). The regulations shall include, but are not limited to, a requirement that persons being granted a permit have had previous experience as a crewmember of a vessel using gill nets or trammel nets or have successfully passed a proficiency test administered by the department, under such regulations as the commission shall prescribe.
(b)CA Fish And Game Code § 8682(b) The director shall establish an advisory committee, consisting of fishermen experienced in the use of gill nets and trammel nets, to advise the department in developing regulations to be proposed to the commission governing the use of gill nets and trammel nets.
(c)CA Fish And Game Code § 8682(c) In accordance with Section 4 of Article X B of the California Constitution, this section contains the provisions in effect on January 1, 1989.

Section § 8683

Explanation

If you want a permit that falls under Section 8681, it will cost you $330.

The fee for a permit issued pursuant to Section 8681 is three hundred thirty dollars ($330).

Section § 8684

Explanation

This law states that if you're fishing with a permit for gill or trammel nets and accidentally catch swordfish or marlin, you must give them to the appropriate department. If you violate this rule and are convicted, your fishing permit will be taken away.

No incidental catch of swordfish or marlin is authorized by this article. Any swordfish or marlin caught incidentally by a gill or trammel net permittee operating under a permit issued pursuant to Section 8681 shall be delivered to the department.
A permit issued pursuant to Section 8681 shall be revoked for conviction of a violation of this section.

Section § 8685

Explanation

In areas designated as Districts 1, 2, and 3, it's not allowed to have gill nets on any boats.

In Districts 1, 2, and 3, gill nets may not be possessed on any boat.

Section § 8685.5

Explanation

This law states that gill nets cannot be used to catch salmon, steelhead, or striped bass, regardless of any other laws.

Notwithstanding any other provision of law, gill nets may not be used to take salmon, steelhead, or striped bass.

Section § 8685.6

Explanation

This law makes it illegal to sell or have for sale any salmon, steelhead, or striped bass caught using a gill net in California waters.

It is unlawful to sell or possess for sale any salmon, steelhead, or striped bass which were taken in California waters by the use of a gill net.

Section § 8685.7

Explanation

This law makes it illegal for anyone to knowingly buy salmon, steelhead, or striped bass caught in California using gill nets. This includes brokers who buy these fish illegally caught for resale.

It is unlawful for any person to knowingly purchase any salmon, steelhead, or striped bass which were taken in California waters by the use of a gill net.
For the purpose of this section, “person” includes a broker who purchases salmon, steelhead, or striped bass which were unlawfully taken by gill net for the purpose of reselling those fish.

Section § 8686

Explanation

This law makes it illegal to have gill or trammel nets with mesh sizes larger than 1.75 inches in specific districts, including Districts 1.5 and 2.5, and the Trinity and Klamath River District unless special rules from the commission say otherwise.

In Districts 11/2, 21/2, and in the Trinity and Klamath River District, it is unlawful to possess any gill or trammel net with meshes over 13/4 inches in length, except under regulations which may be prescribed by the commission.

Section § 8687

Explanation

This law allows the use of drift gill nets in specific districts, namely Districts 6 through 10, unless mentioned otherwise in this code.

Except as otherwise provided in this code, drift gill nets may be used in Districts 6, 7, 8, 9, and 10.

Section § 8688

Explanation

In California's Districts 11, 12, and 13, gill nets can only be used to catch herring and must follow certain rules. Only people with a valid permit can have gill nets on boats in these districts, and it must be during the designated open seasons for herring, as set by the fishing commission.

In Districts 11, 12, and 13, gill nets may be used to take only herring, subject to Article 15 (commencing with Section 8550) of Chapter 2. No gill net may be possessed on any boat in Districts 11, 12, and 13, except by persons possessing a valid permit aboard boats specifically authorized to take herring during the open seasons established by the commission.

Section § 8691

Explanation

This California law prohibits the use or possession of gill and trammel nets with mesh sizes smaller than 4 1/8 inches on boats that are fishing for rockfish or lingcod in specific ocean waters between Point Reyes and Pigeon Point.

Set gill nets and trammel nets with mesh smaller than 41/8 inches shall not be used or possessed on any boat taking rockfish or lingcod in ocean waters between a line extending 245° magnetic from the most westerly point of the Point Reyes headlands and a line extending 250° magnetic from the Pigeon Point Lighthouse.

Section § 8692

Explanation

This law makes it illegal to use gill nets for fishing rockfish or lingcod in certain areas off the coast of Monterey County. Specifically, it applies to waters: (a) between Santa Cruz Point and Point Sur lighthouse, limited to depths of 100 fathoms or less, and (b) between Point Sur lighthouse and Pfeiffer Point, with a depth limit of 75 fathoms or less.

Notwithstanding Section 8693, it is unlawful to use gill nets to take rockfish or lingcod in the following waters:
(a)CA Fish And Game Code § 8692(a) Between a line running 240° magnetic from Santa Cruz Point and a line running 240° magnetic from Point Sur lighthouse in Monterey County in waters 100 fathoms or less in depth.
(b)CA Fish And Game Code § 8692(b) Between a line running 240° magnetic from Point Sur lighthouse and a line running 240° magnetic from Pfeiffer Point in Monterey County in waters 75 fathoms or less in depth.

Section § 8692.5

Explanation

This law limits the amount of gill nets or trammel nets used by a fishing vessel for catching lingcod in the ocean. Specifically, no more than 1,250 fathoms (which equals 7,500 feet) of these nets combined can be used each day by any single vessel. The law is more strict than the rules that were in place before 1990 and complies with state constitutional requirements.

(a)CA Fish And Game Code § 8692.5(a) Not more than 1,250 fathoms (7,500 feet) of gill net or trammel net shall be fished in combination each day from any vessel for lingcod in ocean waters.
(b)CA Fish And Game Code § 8692.5(b) The Legislature finds and declares that this section, as amended by this act at the 1991–92 Regular Session of the Legislature, is more restrictive on the use and possession of gill nets and trammel nets than the provisions in effect on January 1, 1990, and therefore complies with Section 8610.4, and Section 4 of Article XB of the California Constitution.

Section § 8693

Explanation

This law outlines where and how drift gill nets and set gill nets can be used in certain California fishing districts. Gill nets are allowed in Districts 17, 18, 19, and 20A, but they cannot be used to catch salmon.

For rockfish and lingcod, there are specific areas where netting is restricted based on water depth and net mesh size. In shallow areas, nets with smaller mesh sizes can't be used. Moreover, in some areas, nets can't be used below a certain water depth. Additionally, catches might include up to 200 pounds of both rockfish and lingcod combined, but not more than 100 pounds of rockfish specifically. Finally, gill nets cannot be used for rockfish in District 20A.

(a)CA Fish And Game Code § 8693(a) Except as otherwise provided in this code, drift gill nets and set gill nets may be used in Districts 17, 18, 19, and 20A, except for the taking of salmon.
(b)CA Fish And Game Code § 8693(b) Rockfish and lingcod may be taken with drift gill nets and set gill nets in Districts 17, 18, 19, and 20A, subject to the following restrictions:
(1)CA Fish And Game Code § 8693(b)(1) Rockfish and lingcod shall not be taken between a line running due west magnetic from the lighthouse at Point Piedras Blancas and a line running due west magnetic from Point Sal in water less than 40 fathoms.
(2)CA Fish And Game Code § 8693(b)(2) Rockfish and lingcod shall not be taken between a line running 250° magnetic from the Pigeon Point Lighthouse and a line running 240° magnetic from Point Santa Cruz, inside 40 fathoms, by means of drift gill nets or set gill nets which have mesh smaller than 51/2 inches.
(3)CA Fish And Game Code § 8693(b)(3) Drift gill nets and set gill nets shall not be used nor shall they be possessed on any boat taking rockfish and lingcod with mesh smaller than 41/8 inches when used in Districts 17 and 18 north of Point Buchon, or with mesh smaller than 41/8 inches when used in District 18 south of Point Buchon or in District 19. Drift gill nets and set gill nets used or possessed on any boat taking rockfish and lingcod in District 17, 18, or 19, shall not be constructed of twine larger than number 6 nylon, except that the bottom 15 meshes may be constructed of heavier twine.
(4)CA Fish And Game Code § 8693(b)(4) In District 18 south of Point Sal and in District 19, drift gill nets and set gill nets shall not be used to take rockfish and lingcod with the mesh of the net in waters less than 70 fathoms in depth, except that those nets shall not be used in waters less than 100 fathoms in depth at the Sixty Mile Bank.
(5)CA Fish And Game Code § 8693(b)(5) Loads or lots of fish taken in the areas described in paragraphs 1 to 4, inclusive, may contain 200 pounds or less of rockfish and lingcod in combination, but in no instance more than 100 pounds of rockfish.
(6)CA Fish And Game Code § 8693(b)(6) Gill nets shall not be used to take rockfish in District 20A.

Section § 8694

Explanation

If you're in District 19A, you're not allowed to use or even have gill nets on your boat.

In District 19A, gill nets may not be used, nor may they be possessed on any boat.

Section § 8696

Explanation
You can use set gill nets for fishing south of a specific line from Point Reyes headlands in Marin County, but not for catching salmon.
Except as otherwise provided, set gill nets may be used south of a line extending 245° magnetic from the western point of the Point Reyes headlands in Marin County except for the taking of salmon.

Section § 8700

Explanation

If a gill net is constructed in a way that makes the webbing slack or baggy, it changes from being identified as a gill net and is considered a trammel net instead.

Any line used on a gill net which shall tend to cause the webbing of such gill net to bag or hang slack shall cause such net to lose its identity as a gill net and become a trammel net.